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7. Condxmnaiion. Tn the event the Property, or any part thereof; shall be taken by eminent domain,tF.e Mortgagee -
<br />isempowered tocol~ect and receive ail compensation which may be paid for any property taken ur for damages to ~ rE
<br />Pr' Per
<br />not taken, and Mortgagee shall apply such compensation, at its option, either to a reduction of the indebtedness secured -.
<br />hereby or to repair and restore the property so damaged.
<br />8. Performance by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortgagor.
<br />has agreed but fails to do, and Mortgagee may also do any act it deems necessary to potect the lien hereof. Mortgagor -
<br />agrees to repay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sums so expended --
<br />by the -Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee -
<br />shad not incur any personal liabi}ity because of anything it may do or omit to do hereunder. -
<br />~ 9. Default; Asst ment of Rents. -
<br />fn Time is of the essence hereof, and upon Mortgagor's defaWt id any covenant -.
<br />or agreement of this Mortgage, including covenants to pay when due the sums secured by this Mortgage, the Mortgagee shall -
<br />be entitled, at its sole option and without notice, to declare ail sums secured by this Mortgage to be immediately due and
<br />payable and may commence foreclosure o[ this Mortgage by jadicial proceedings; and, provided further, that upon such
<br />default the Mortgagee, or a receiver appointed by a court, may at its option and without regard to the adequacy of the
<br />security, enter upon and take possession of the Property and collect the rents, issues and profits therefrom-and apply them-.
<br />first to the cost of collection and operation of the Property and then upon the indebtedness secured.by this Mortgagee; -
<br />said rents, issues and profits being assigned to the Mortgagee as further security for the payment of the indebtedness
<br />secured hereby. _ -
<br />10. Transfer of Property. If all or any part of the Property is sold or transferred without the express written con-
<br />sent of the Mortgagee, Mortgagee may at its sale option. declare all sums secured by this Mortgage to be immediately due
<br />and payable.
<br />11. Future Advances. Upon request of Mortgagor, Mortgagee may make additional and future advances to
<br />Mortgagee. Such advances, with interest thereon, shall be secured by this Mortgage when evidenced by promissory notes
<br />stating that said notes are secured hereby. At no time shall the principal amount of the indebtedness secured by this
<br />Mortgage, not including sums advanced to protect the security of this Mortgage, exceed the original Note. -
<br />12. Miscellaneous Provisions.
<br />(a) Any forebearance in exerc'vsing any right or remedy shall not be a waiver thereof.
<br />(b) All remedies provided herein are distinct and cumulative to any other right afforded by taw or equity,
<br />and may be exercised concurrently, independently or successively.
<br />(c) The covenants and agreements contained herein shall bind, and the rights inure to, the respective
<br />successors and assigns of the Mortgagor and the Mortgagee.
<br />(d) Ail covenants and agreemenLS of the Mortgagor are joint and several.
<br />(e) The headings of the pazagraphs of this Mortgage are for convenience only and shall not be used to inter-
<br />pret or define the provisions hereof.
<br />13. Release. Upon payment of all sums securzd by this Mortgage, Mortgagee shall discharge this Dlortgage and
<br />shall execute and deliver a satisfactory release therefor.
<br />IN WITNESS WHEREOF, Mortgagor has executed [his Mortgage nn the 1St day of August- ig 80
<br />~ ~ `~,,~
<br />- '--LY-v_--.
<br />li ar es lIouseTbg r<n
<br />i
<br />---- --
<br />rley Aouselog rr„„er
<br />State of Nebraska, Hall _-------'-_._.-..._-------Counh• ss:
<br />On this 1St day of-_A>$t~~-u 19 80 ,before me, the undersigned, a Notary Public
<br />duly commissioned and qualified for said county, personally came- Jphn Charles 1tOttSelO}; and ____
<br />Shirley Ma.B IIOILSelO['' __ _ _ _ _ ___ to me known to be the
<br />identical person(sj whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof
<br />to be his and her voluntary act and deed.
<br />Witness my hand and notarial seal at Grand Icl and .in said county, the
<br />date aforesaid .
<br />My Commission expires: _ _~~~1--_~~/f~'.lC~'~'
<br />~,~ j, as `>' / / ~~~ Notary PuLlic
<br />
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